# C_2008080EN.01001001.xml

| 1.4.2008 | EN | Official Journal of the European Union | C 80/10 |
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1.4.2008

EN

Official Journal of the European Union

C 80/10

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Prior notification of a concentration

(Case COMP/M.5080 — Oracle/BEA)

(Text with EEA relevance)

(2008/C 80/08)

| 1. | On 26 March 2008, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Oracle Corporation (‘Oracle’, USA) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertaking BEA Systems Inc. (‘BEA’, USA) by way of purchase of shares. |
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1.

On 26 March 2008, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Oracle Corporation (‘Oracle’, USA) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertaking BEA Systems Inc. (‘BEA’, USA) by way of purchase of shares.

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| 2. | The business activities of the undertakings concerned are:






  — | for undertaking Oracle: development, manufacture and distribution of enterprise software including middleware, database and enterprise applications software and related services, |
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2.

The business activities of the undertakings concerned are:

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for undertaking Oracle: development, manufacture and distribution of enterprise software including middleware, database and enterprise applications software and related services,

| — | for undertaking BEA: design, development, manufacture and distribution of middleware software. |
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for undertaking BEA: design, development, manufacture and distribution of middleware software.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved. |
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3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved.

| 4. | The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax ((32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.5080 — Oracle/BEA, to the following address:





  European Commission |
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| Directorate-General for Competition |
| Merger Registry |
| J-70 |
| B-1049 Bruxelles/Brussel |

4.

The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax ((32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.5080 — Oracle/BEA, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

J-70

B-1049 Bruxelles/Brussel

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(1)  OJ L 24, 29.1.2004, p. 1.

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